McMillen v Brambles Security Services Limited

[2001] QSC 271

SUPREME COURT OF QUEENSLAND

CITATION:

McMillen v Brambles Security Services Limited [2001] QSC 271

PARTIES:

CHRISTOPHER ALBERT MCMILLEN
(plaintiff)
v
BRAMBLES SECURITY SERVICES LIMITED
ACN 004 247 358)
(defendant)

FILE NO/S:

S8693 of 2000

DIVISION:

Trial Division

PROCEEDING:

Civil Trial

ORIGINATING COURT:

Brisbane

DELIVERED ON:

8 June 2001 (Reasons and proposed orders).  Final order made 31 July 2001

DELIVERED AT:

Brisbane

HEARING DATE:

21 May 2001

JUDGE:

White J

ORDER:

1.   Judgment for the plaintiff against the defendant in the sum of $567,174.92.

2.   The defendant pay the plaintiff’s costs of and incidental to the action (including reserved costs, if any) to be assessed on the standard basis, such costs to include the costs of Queens Counsel and Junior Counsel.

3.   There be no order as to costs with respect to the further submissions on the entitlement of the plaintiff to interest on non-economic loss components.

CATCHWORDS:

EMPLOYMENT LAW – THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE – LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW – SAFE SYSTEM OF WORK - GENERALLY - Security guard - whether proper procedures followed

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – REMOTENESS AND CAUSATION – FORESEEABILITY OF DAMAGE – PERSONAL INJURIES – whether negligence causative of loss - psychiatric illness - future employability.

EVIDENCE – ADMISSIBILITY AND RELEVANCY – OPINION EVIDENCE – EXPERT OPINION – whether  a relevant area of expertise existed – whether field of study assisted the court in making its decision

Workplace Health and Safety Act  1995 (Qld)

Nelson v John Lysaght (Australia) Limited (1974-75) 132 CLR 201.
Keeys v State of Queensland [1998] 2 Qd R 36.
Astley v Austrust Ltd (1999) 73 ALJR 403
Clark v Ryan (1960) 103 CLR 486
R v Bonython (1984) 38 SASR 45
Daubert v Merrell Dow Pharmaceuticals, Inc (1993) 509 US 579
R v C (1993) 60 SASR 467

COUNSEL:

J. Griffin QC and
R. Clutterbuck for the plaintiff
J. Douglas QC and
J. McDougall for the defendant

SOLICITORS:

McDonald Balanda & Chesters for the plaintiff
Deacons for the defendant

1. The plaintiff was employed as a permanent casual security officer by the defendant operating out of its Nerang branch office.  At about 12.30 p.m. on Tuesday, 7 November 1995 whilst carrying out his duties as escort in relation to a consignment of money at the Commonwealth Bank in Bay Street, Tweed Heads he was taken hostage by two armed men and used by them in carrying out a robbery at the bank.

1. As a consequence, the plaintiff experienced and continues to experience a chronic post traumatic stress disorder and chronic major depression which is likely to continue, despite ongoing treatment, indefinitely.

1. Although both liability and quantum are in issue there was substantial agreement about the nature and effect of the plaintiff’s injuries.  Liability is, however, very much disputed.  The plaintiff has sued in contract and tort and has alleged breach of the Workplace Health and Safety Act